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1 (June 28, 2007)

handle is hein.crs/crsmthabeko0001 and id is 1 raw text is: Order Code RS22685 June 28, 2007 CRS Report for Congress Copyright Protection for Fashion Design: A Legal Analysis of the Design Piracy Prohibition Act, H.R. 2033 Jessica G. Jacobs Law Clerk American Law Division Summary Fashion design does not currently receive explicit protection under U.S. copyright law. Limited avenues for protection of certain types of apparel designs can be found through trademark and patent law, though proponents of copyright protection for fashion design argue that these limited means are insufficient. H.R. 2033, the Design Piracy Prohibition Act, would amend Chapter 13 of the U.S. Copyright Act, which currently provides protection for designs of vessel hulls. The bill would grant fashion designs a three-year term of protection, based on registration with the U.S. Copyright Office. This report analyzes the amendments that H.R. 2033 would make to Chapter 13 of the Copyright Act. It also summarizes arguments both in favor of and against extending copyright protection to fashion designs.! Introduction H.R. 2033,2 the Design Piracy Prohibition Act, was introduced by Representative William D. Delahunt, for himself and Representatives Goodlatte, Maloney, and Bono, on April 25, 2007. The bill would amend Chapter 13 of the U.S. Copyright Act (the Act) to provide copyright protection for fashion design. U.S. copyright law does not protect useful articles, and copyright protection has been denied to fashion designs because clothing garments have traditionally been viewed as useful articles basic items of necessity having utilitarian value rather than as artistic creations. The Act does specify protection for the designs of one category of useful articles, the designs of vessel hulls. H.R. 2033 would amend the Act to add protection for fashion designs as well, for a term 1 This report was prepared under the general supervision of Brian T. Yeh, Legislative Attorney. 2 H.R. 2033, 110h Cong., 1s Sess. (2007). An identical bill, H.R. 5055, was introduced in the 109h Congress by Rep. Robert W. Goodlatte, for himself and for Rep. Delahunt, Rep. Coble, and Rep. Wexler. The House Subcommittee on Courts, the Internet, and Intellectual Property held hearings on the bill on July 27, 2006. Congressional Research Service The Library of Congress Prepared for Members and Committees of Congress

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